Punjab-Haryana High Court
Haryana State Through Collector vs Vivek Sharma And Others on 16 November, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.404 of 1997 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.404 of 1997
Date of Decision : 16.11.2011
Haryana State through Collector, Hisar and another
.......Appellants
Versus
Vivek Sharma and others
.......Respondents
CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Ajay Gulati, DAG, Haryana,
for the appellants.
Mr. Vaibhav Jain, Advocate,
for respondent No.2.
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JITENDRA CHAUHAN, J. (ORAL)
The State of Haryana has come in this appeal assailing the findings recorded by the learned Motor Accident Claims Tribunal, Hisar, vide Award dated 24.10.1996, whereby an amount of `4,00,000/- has been awarded to the injured claimant, Vivek, on account of the injuries suffered by him in a motor vehicular accident, which took place on 20.08.1992.
Brief facts of the case in hand are that on 20.08.1992, the injured-claimant was coming from Churamani Hospital, Hisar, on Scooter No.HR-26-A/5401, along with his cousin, Satish Sharma, driver of the scooter. When they were proceeding towards their house FAO No.404 of 1997 2 at Officers Colony, Hisar, a bus bearing No.HYT-9769, which was being driven by Mahabir Parshad, the driver, in a rash and negligent manner, came from the opposite direction and hit against the scooter. Due to this, the scooter came under the right front wheel of the bus and the appellant suffered injuries and his left leg was crushed. He was removed to the CMC Hisar. He was further treated at Sir Ganga Ram Hospital, New Delhi.
I have heard the learned counsel for the parties and perused the record.
It has come on record that the injured-claimant was 10 years of age at the time of the accident. He had received head injury accompanied by bleeding from nostrils, ears and slipped into comma. He had gone into comma. His left leg was also crushed badly. He received treatment from a number of hospitals. As per the disability certificate, Ex.P2, the extent of permanent disability is 53%.
The learned Tribunal, while assessing the compensation, awarded a sum of `1,90,000/- on account of medical expenses, `1,50,000/- for permanent disability and `60,000/- on account of pain and suffering.
Keeping in view the oral and documentary evidence brought on record, the awarded amount cannot said to be on higher side. Moreover, such like cases have to be dealt with more compassion as the claimant was just 10 years of age. The Award of the learned Tribunal is sufficiently justified keeping in view the nature of injuries, period of hospitalization and the extent of disability. FAO No.404 of 1997 3
In view of the above, I do not find any ground to interfere in the well reasoned Award dated 24.10.1996 passed by the learned Tribunal. Consequently, the present appeal is, hereby, dismissed.
( JITENDRA CHAUHAN ) 16.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No